HomeMy Public PortalAboutM2007-08-21-CCLYNWOOD CITY COUNCIL
REGULAR MEETING
August 21, 2007
The City Council of the City of Lynwood met in a regular meeting in the Council
Chambers, 11330 Bullis Road on the above date at 5:00 p.m.
Mayor Byrd presiding.
Council Members Johnson, Pedroza, Santillan, Vasquez, and Byrd were present.
Also present were City Manager Haley, City Attorney Willoughby, City Clerk
Hooper, and City Treasurer Pygatt.
City Clerk Hooper announced that the Agenda had been duly posted in
accordance with the Brown Act.
PUBLIC ORAL COMMUNICATIONS
,(Regarding Agenda Items Only)
PUBLIC ORAL COMMUNICATIONS
Nancy Landa, a field representative from Hector De La Torres' office, introduced
herself to Council and stated that she was looking forward to working with the
City and the residents of the community.
Clifton Kegler stated that he was disappointed with a mailer that he received
implicating certain Council Members of wrong doing. He stated, "We are
innocent until proven guilty".
Rebecca Wells thanked Deborah Jackson because she was instrumental in the
removal of a tree from blocking Wright road. Item #11 -APPROVAL OF PARCEL
MAP NO. 65655- She stated that the map was missing from the agenda. Item
#12 CONTRACT AMENDMENT FOR LPA, INC. HAM. PARK REPLACEMENT
PROJECT, PROJECT 5-5295 -She wanted to know what the actual cost would
be for the project. What .amount of county funding would the City loose, if the
City waits and does not pay the $43,405.00. Item #14 -ADOPTION OF MASTER
TEMPLATE ,ENTITLED, "CONTRACT DOCUMENTS" -She approved of the
updated language for this item.
Paulette Bradley stated that she enjoyed the Summer Concerts and the food that
was served at the last concert. She was happy that her curb was painted.
Rod White stated that he received a negative mailer regarding two Council
Members. He stated, "In America you are innocent until proven guilty".
Kale Fretholrn stated that he was still interested in providing Bingo Night. He
would like to start with a six month ,lease on the property for Bingo Night.
Maria Garcia tated that a representative from the Chamber of Commerce will
~ update the City once a month on the activities of the Chamber. She is in the
~~ process of providing members of the Chamber of Commerce with Identification
Cards.
Mr. Guzman stated that the Chamber of Commerce should be audited. The
Chamber is not reaching all business owners.
Fernando Pedroza commented in response to a mailer that was received by
Lynwood residents. He stated that the mailer was spreading falsehoods.
Leticia Vasquez stated that recall elections are very costly to the community and
sometimes recalls can be used as leverage in power plays.
Mayor Byrd stated that we can achieve more as a team. The City is in dire
straits. It acquires only 3 million dollars in sales tax. The utility users tax was
defeated on the ballot which was a set back to the City.
Fernando Pedroza stated that there was a small white flyer which was distributed
to Lynwood residents that promoted lies. The flyer stated that eminent domain
would be enforced and that four schools would be destroyed and residents would
have to bus their children to Compton.
Alfreddie Johnson stated that He was elected by the people to do what is right.
Council is mandated by the state to serve the people. He wants to do what is
best for the City.
Maria Santillan stated that it is time to continue on with the agenda.
SUBSEQUENT NEED ITEM
It was moved by Council Member Vasquez, seconded by Council Member
Santillan, to add an item regarding Conference with Labor Negotiators pursuant
to Government Code 54957.6 to the agenda as a closed session item. This
subsequent need item came to the attention of the Council after the agenda had
been posted and there is a need for immediate action.
The subsequent need item was numbered as a closed session item 18C.
ROLL CALL:
AYES: COUNCIL MEMBERS JOHNSON, SANTILLAN, VASQUEZ, AND
BYRD
NOES: NONE
ABSTAIN: NONE
ABSENT: PEDROZA
PUBLIC HEARING
Item #7 PUBLIC HEARING ON THE LYNWOOD PARKING & BUSINESS
IMPROVEMENT DISTRICT (PBID) AND LEVYING AN
ASSESSMENT FOR FISCAL YEAR 2007-2008
It was moved by Mayor Byrd, seconded by Council Member Vasquez, and
carried to open the public hearing.
Roger Haley introduced this item regarding a 50 percent surcharge to be
collected from business owners along with the annual business license fee.
Maria Garcia asked Council to support option number two.
Ivan Crosby stated that he would like to see clarification on the resolution
regarding what percentage of the resolution is going to the Chamber of
Commerce.
Amanda, from Adelante, stated that she supports item number seven. She is in
favor of a resource center.
Debbie Han, the program director of the Good Hands Organization, represents
the Korean business owners. She supports the Chamber of Commerce and item
number seven.
Rebecca Wells stated that the Chamber has not been profitable for local
businesses''in the past. She does not agree with the additional funding
requested by the Chamber of Commerce.
Miriam Carranza, the Vice President of the Lynwood Chamber of Commerce,
stated that she wanted clarification on the 50 percent surcharge for business
owners. She wanted to know if the 50 percent surcharge was going to the
Chamber of Commerce.
Amaro Romero, a member of the Latino Chamber of Commerce, was not in
agreement with the 50 percent surcharge for business owners.
Mr. Guzman, the President of the Latino Chamber of Commerce, stated that the
Latino Chamber of Commerce supports small businesses but the Lynwood
Chamber of Commerce has not done so in the past.
It was moved by Council Member Vasquez, seconded by Mayor Pro Tem
Pedroza, and carried to close the public hearing.
Roger Haley,- the City Manager, stated that Council has two options to choose
from.
• Option 1 -Approve the PBID Advisory Board recommendation via the
adoption of the attached resolution.
• Option 2 -Modify the PBID Advisory Board recommendation to provide
the Chamber with funding for their additional programs.
The Mayor stated that ordinance number 1262 was passed in 1985 but it was not
enforced. He moved to support the Chamber for two additional years at
$180,000 per year.
Autra Adams clarified that the Chamber of Commerce is requesting an additional
$144,323 dollars in addition to the $95,000 that was paid to them for this year.
Council Member Santillan was against asking the businesses to pay an
additional 50 percent and giving it to the Chamber of Commerce. She stated that
the Chamber of Commerce is a non profit organization.
Council Member Johnson stated that the Chamber of Commerce has been paid
for this year; therefore, apply the 50 percent increase to the following year.
After discussion, it was moved by Mayor Pro Tem Pedroza, seconded by Council
Member Santillan to pull the item for further research.
Item #17 REQUEST BY PLAZA MEXICO TO HOST EXPO MEXICO 2007
Perry Brents introduced this item.
Hugo Enciso introduced himself as an employee of KAZA Azteca America.
Through this exposition, he would like to highlight Mexican Culture by way of
music, entertainment, food, archeology, tourism and workshops. World heritage
sites and arts & crafts will be showcased. Four enclosed pavilions will be
constructed regarding different themes. This event will be advertised through,
media, radio, publications and billboards. They will also broadcast live from the
Exposition. He requested the approval for the festival and Council's monetary
support.
Maria Garcia!'requested afee waver for this event. She requested to have the
City wave the total fees for the security requirements or wave the 50% of security
fees.
Council Member Johnson asked if this project will be able generate enough
revenue to cover itself or will the City always have to supplement such projects.
Council Member Vasquez would like to approve the concept and allow Azteca
America to raise money for the exposition through sponsorship and other
venues.
After discussion, it was moved by Council Member Pedroza, seconded by
Council Member Vasquez to waive the fee of $7,750.00 along with waiving the
fees for the waste collection containers, banner and trolley service fees.
ROLL CALL:
AYES: COUNCIL MEMBERS JOHNSON,, PEDROZA, SANTILLAN,
VASQUEZ, AND BYRD
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #8 PUBLIC HEARING ON THE FY 2007-2008 PROPOSED FEE
REVISIONS /MASTER FEE SCHEDULE
It was moved by Council Member Johnson, seconded by Mayor Pro Tem
Pedroza, and carried to open the public hearing.
City Manager, Roger Haley, introduced this item regarding the Master Fee
Schedule
It was moved by Council Member Johnson, seconded by Mayor Byrd, and
carried to close the public hearing.
After discussion, it was moved by Council Member Johnson, seconded by Mayor
Pro Tem Pedroza to adopt the resolution.
RESOLUTION NO. 2007.125 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF CITY OF LYNWOOD
APPROVING THE PROPOSED FEE REVISIONS AND ADOPTING THE FY
2007-2008 MASTER FEE SCHEDULE."
ROLL CALL:
AYES: COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN,
VASQUEZ, AND BYRD
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #9 CONGESTION MANAGEMENT PROGRAM (CMP), FY 2006-2007
It was moved by Council Member Johnson, seconded by Mayor Pro Tem
Pedroza, and carried to open the public hearing.
It was moved by Council Member Santillan, seconded by Council Member
Johnson, and carried to close the public hearing.
After discussion, it was moved by Council Member .Johnson, seconded by
Council Member Santillan to adopt the resolution.
RESOLUTION NO. 2007.126 ENTITLED:
A RESOLUTION OF THE CITY OF LYNWOOD, CALIFORNIA, FINDING THE
CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT
PROGRAM (CMP) AND ADOPTING THE CITY'S CMP LOCAL
DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089, ET SEQ".
_i
ROLL CALL:
AYES: COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN,
VASQUEZ, AND BYRD
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CONSENT CALENDAR
All matters listed under the Consent Calendar will be acted upon by one motion
affirming the action recommended on the agenda. There will be no separate
discussion on these items prior to voting unless members of the Council or staff
request specific items to be removed from the Consent Calendar for separate
action.
Council Member Santillan pulled item #12 -CONTRACT AMENDMENT FOR
LPA, INC. HAM PARK REPLACEMENT PROJECT, PROJECT 5-5295
Council Member Johnson pulled item #13 -CONTRACT AMENDMENT
FOR DMR TEAM INC. ABBOTT ROAD IMPROVEMENT PROJECT, PROJECT
5-5269
It was moved by Council Member Johnson, seconded by Council Member
Santillan, to adopt the Resolutions.
Item #10 APPROVAL OF THE WARRANT REGISTER
RESOLUTION NO. 2007.127 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND
WARRANTS THEREFORE.
Item #11 APPROVAL OF PARCEL MAP NO. 65655
RESOLUTION NO. 2007.128 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING PARCEL MAP NO. 65655."
Item #14 ADOPTION OF MASTER TEMPLATE ENTITLED, "CONTRACT
DOCUMENTS"
RESOLUTION NO. 2007.129 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
ADOPTING THE MASTER TEMPLATE ENTITLED, `CONTRACT
DOCUMENTS', FOR USE ON PUBLIC WORKS CONSTRUCTION
CONTRACTS WITHIN PUBLIC RIGHTS-OF-WAY AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO UPDATE THE MASTER TEMPLATE
FROM TIME-TO-TIME AS NEEDED".
Item #15 INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
RESOLUTION NO. 2007.130 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPOINTING A REPRESENTATIVE AND AN ALTERNATE AND SUBSTITUTE
ALTERNATE REPRESENTATIVE TO THE GOVERNING BOARD OF THE
INDEPENDENT: CITIES. RISK MANAGEMENT AUTHORITY (ICRMA)".
ROLL CALL:
AYES: COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN,
VASQUEZ, AND BYRD
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #12 CONTRACT AMENDMENT FOR LPA, INC. HAM PARK
REPLACEMENT PROJECT, PROJECT 5-5295
This item was pulled by Council Member Santillan. She wanted to know the
amount of money the County of Los Angeles was going to give the City.
RESOLUTION NO. 2007.131 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING AN AMENDMENT TO THE SERVICE CONTRACT AGREEMENT
WITH LPA, INC. FOR THE HAM PARK REPLACEMENT PROJECT, PROJECT
5-5295, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT
AMENDMENT AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER".
After discussion, it was moved by Mayor Byrd, seconded by Council Member
Santillan to approve the resolution.
ROLL CALL:
AYES: .COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN,
VASQUEZ, AND BYRD
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #13 CONTRACT AMENDMENT FOR DMR TEAM INC. ABBOTT ROAD
IMPROVEMENT PROJECT, PROJECT 5-5269
This item was pulled by Council Member Johnson. He wanted to know why this
project was brought back a year later.
Mr. Ojeda stated that this improvement project was placed on hold because
some of the residents did not want to have medians placed on City streets. This
item was brought back because public works did not want to loose their Federal
Funding. This project will be used for street reconstruction instead of median
placement.
RESOLUTION NO. 2007.132 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNINOOD
APPROVING AN AMENDMENT TO THE SERVICE,CONTRACT AGREEMENT
WITH DMR TEAM, INC. FOR THE ABBOTT ROAD IMPROVEMENT PROJECT,
PROJECT 5-5269, AUTHORIZING THE MAYOR TO EXECUTE THE
CONTRACT AMENDMENT AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATIONS AND
TRANSFER".
After discussion, it was moved by Council Member Johnson, seconded by
Mayor Pro Tem Pedroza to approve the resolution.
ROLL CALL:
AYES: COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN,
VASQUEZ, AND BYRD
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
DISCUSSION ITEMS
Item #16 ADOPT RESOLUTION REGARDING IMPLEMENTATION
AGREEMENT BY AND BETWEEN THE GATEWAY CITIES
COUNCIL OF GOVERNMENTS AND THE CITY OF LYNWOOD
Council Member Pedroza, the delegate for Gateway Cities, stated that Gateway
Cities is requesting the City of Lynwood to enter into an MOU with Gateway
Cities and to have the City assign a person on the EIR/EIS. The committee will
study the environmental impact of the proposed expansion of the 710 Freeway.
Council Member Pedroza volunteered to be apart of the committee along with
Mr. Daniel Ojeda, who was appointed to the committee.
After discussion, it was moved by Council Member Johnson, seconded by
Council Member Santillan to approve the resolution.
RESOLUTION NO. 2007.133 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE MAYOR TO EXECUTE THE IMPLEMENTATION
AGREEMENT BY AND BETWEEN THE GATEWAY CITIES COUNCIL OF
GOVERNMENTS AND THE CITY OF LYNWOOD, APPOINTING ONE
COUNCILMEMBER TO SERVE ON THE I-710 EIR/EIS PROJECT COMMITTEE
AND AUTHORIZING THE CITY MANAGER TO APPOINT ONE STAFF
MEMBER TO SERVE ON THE I-710 EIR/EIS TECHNICAL ADVISORY
COMMITTEE.
ROLL CALL:
AYES: `COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN,
VASQUEZ, AND BYRD
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CLOSED SESSION
18. CLOSED SESSION ITEMS
A. With respect to every item of business to be discussed in closed
session pursuant to
Section 54956.9:
1. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED
LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section
54956.9:
Two (2) Cases
B. With respect to every item of business to be discussed in closed
session pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION (subdivision (a) of section 54956.9:)
1. Name of Case: Esmeralda Duarte v. City of Lynwood
Claim No. 02-0031
SUBSEQUENT NEED ITEM
With respect to every item of business to be discussed in closed session
pursuant to Section 54957.6:
18C CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Roger L. Haley -Chief Negotiator
. Alfredo J. Lopez, III -Alternate
Employee Organization: Lynwood Management Employee
Association
It was moved by Council Member Johnson, seconded by Council Member
Santillan, and carried to recess to closed session at 8:00 p.m.
Council reconvened at 9:15 p.m.
City Attorney Willoughby stated that the Council met on the
aforementioned. matters and with respect to the following:
18. CLOSED SESSION ITEMS
A. With respect to every item of business to be discussed in closed
session pursuant to
Section 54956.9:
1. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED ~,
LITIGATION ~ ~
~..~.I
Initiation of litigation pursuant to subdivision (c) of Section
54956.9:.
Two (2) Cases
case one: After discussion further direction was given to staff.
case two: After discussion further direction was given to staff.
B. With respect to every item of business to be discussed in closed
session pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION (subdivision (a) of section 54956.9:)
1. Name of Case: Esmeralda Duarte v. City of Lynwood
Claim No. 02-0031
After discussion, further direction was given to staff for resolution of the mater
SUBSEQUENT NEED ITEM
With respect to every item of business to be discussed. in closed session
pursuant to Section 54957.6:
18C CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Roger L. Haley -Chief Negotiator
Alfredo. J. Lopez, III -Alternate
Employee Organization: Lynwood Management Employee
Association
After discussion, further direction was given to staff for resolution of the matter.
ADJOURNMENT
Having no further discussion, it was moved by Council Member Santillan,
seconded by Mayor Byrd, and carried to adjourn -the regular Lynwood City
Council meeting at 9:18 p.m.
Louis Byrd, Mai r
Andrea L. Hooper, City Clerk